Tier1 Entrepreneur Extension Approved after 12 Months - Query

[spikky]

Hello,

After 12+ months my Tier 1 extension was approved yesterday. I am awaiting BRP and don't know for how long my extension is granted. I have a couple of queries

1. The approval letter states that if my leave granted is less then I applied for, I can claim partian refund of IHS. But a partial refund has already been credited by Home Office to my bank account 4 weeks ago. Is this referring to the same?

2. I am a pre-april 2014 applicant and applied for extension on the day of my expiry 14th March 2017. Since then I've had one employee complete 6 months (and return to Uni after gap year) and the other is still around and I intend for him to stay.

1st leave granted March 2014
2nd leave granted March 2018 (a year late)

As on this date since March 2017, 18 months (6months from employee 1 and 12months from employee 2) of job requirement criteria for 24 months has been met.

For me to maintain my pre-april 2014 arrangement reg Job requirements, can someone confirm that I need to apply for ILR before april 2019 as Id be completing 5 years in March 2019 under this category.

Many thanks.

Spikky

[marcnath]

After 12+ months my Tier 1 extension was approved yesterday. I am awaiting BRP and don't know for how long my extension is granted. I have a couple of queries

Congratulations.
Extension is always granted for two years, so it would be until March 2020.

1. The approval letter states that if my leave granted is less then I applied for, I can claim partian refund of IHS. But a partial refund has already been credited by Home Office to my bank account 4 weeks ago. Is this referring to the same?

Yes

2. I am a pre-april 2014 applicant and applied for extension on the day of my expiry 14th March 2017. Since then I've had one employee complete 6 months (and return to Uni after gap year) and the other is still around and I intend for him to stay.

1st leave granted March 2014
2nd leave granted March 2018 (a year late)

As on this date since March 2017, 18 months (6months from employee 1 and 12months from employee 2) of job requirement criteria for 24 months has been met.

That is not correct. The rules are quite clear that only employment created in the latest grant of leave is usable for the ILR. Until the extension was granted, it was your initial leave that was extended by Section 3C. So, you can only take job created after extension date for ILR.
(there is a small exception but it will not be of significant impact for you)

For me to maintain my pre-april 2014 arrangement reg Job requirements, can someone confirm that I need to apply for ILR before april 2019 as Id be completing 5 years in March 2019 under this category.

Correct - before 6 April 2019, to be exact.

[seasky]

In short becaue you are pre APR 14 and as long as you ILR before APR 19 you need 24 months if employment (2 one year 4 half year etc)

There is a potential wrinkle in the rules. If your ILR is declined (travel, character) and you have to reapply fir 2nd extension it will be after apr 19 and it would retroactively have to be two jobs one year...

[spikky]

Got it. Many thanks. I do not think the employment activity during waiting time was wasted as my team achieved a lot of growth during the waiting period plus I had that interview during October so it was all worth it and part of running the business.

[seasky]

Got it. Many thanks. I do not think the employment activity during waiting time was wasted as my team achieved a lot of growth during the waiting period plus I had that interview during October so it was all worth it and part of running the business.

I know u don't mean it. But saddens me that plenty do. Looking at the route as just a way to go through the visa chain. Thankfully HO is clamping down. The genuine ones have nothing to worry.

[nali78]

Please share your complete time line , when you recieved your partial ihs refund ? Thanks

[spikky]

Please share your complete time line , when you recieved your partial ihs refund ? Thanks

Application made - 14th March 2017
Biometric submitted - 18th April 2017
Complex letter dated - 26th April 2017
Interview call and e-mail - 9th October 2017
Interview at my registered address - 16th October 2017
IHS partial refund - 28th February 2018
Extension Approval letter dated 27th March 2018 along with passport and documents received - 29th March 2018
BRP - Awaiting.